Resu @ Anurag Yadav vs State Of Madhya Pradesh

Sunita Yadav, J

The appeal being arguable is admitted for final hearing.

Heard on I.A.No. 4899 of 2024, first application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail moved by the petitioner.

This criminal revision assails the judgment dated 21.02.2024 passed in Criminal Appeal No.132/2022 by First Additional Judge to the Court of First Additional Sessions Judge, Datia whereby the appellate Court has partly allowed the appeal filed by the complainant challenging the judgment of acquittal dated 27/09/2022 passed by Judicial Magistrate First Class, Bhander, District Datia in Criminal Case No.132/2017, whereby, learned JMFC has acquitted the petitioners for the offences punishable under Sections 294, 325 read with Section 34 and 506 Part II of IPC. However, in appeal, learned first appellate Court has set aside the judgment passed by learned trial Court and maintained the findings recorded by learned trial Court in respect to acquittal of petitioners for the offences punishable under Sections 294 and 506 Part II of IPC and sentenced them to one year R.I. under Section 325/34 of IPC with fine of Rs.1000/- each with default stipulation.

Learned counsel for the petitioner argued that the petitioner has wrongly convicted by the learned first appellate Court ignoring the material available on record, whereas, the learned trial Court has rightly acquitted the petitioner. It is further argued that there are material omissions and contradictions in the statement of prosecution witnesses. The revision petitioner was on bail during trial and he did not misuse the liberty so granted to him. Fine amount has already been deposited by the petitioner. The petitioner is in jail from the date of judgment. There is no likelihood of early hearing of revision in near future. On these grounds, learned Counsel prays that execution of remaining jail sentence of revision petitioner may be suspended and he may be enlarged on bail.

On the other hand, learned Dy. Public Prosecutor opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A. No. 4899 of 2024) is allowed.

It is directed that the petitioner be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court. The petitioner shall now appear before the Registry of this Court on 04.06.2024 and on all other dates which may be given by the Office for his appearance.

Certified copy as per rules.